Court No. - 29 Case :- CRIMINAL MISC. WRIT PETITION No. - 10979 of 2010 Petitioner :- Ravi Shanker Respondent :- State Of U.P. & Others Petitioner Counsel :- Shashank Tripathi Respondent Counsel :- Govt. Advocate Hon'ble Arun Tandon,J.
Hon’ble Rajesh Chandra,J.
Heard learned counsel for the petitioner and the learned AGA appearing for
the State respondents.
The petitioner through the present writ petition has invoked the extraordinary
jurisdiction of this Court under Article 226 of The Constitution of India
praying for certiorari quashing the impugned F.I.R. dated 23.05.2010, relating
to Case Crime No. 163/2010 under Sections 323, 504 I.P.C. and 3(1)10
SC/ST Act, P.S.- Babupurva, District-Kanpur Nagar. The ancillary prayer is
to issue a writ of mandamus commanding the respondents not to arrest the
petitioner in the aforesaid crime number pendentilite the writ petition.
A perusal of the impugned FIR, in our view, prima facie discloses
commission of cognizable offence against the petitioner, hence there is no
reason to quash the same.� Prayer for quashing the F.I.R. in Case Crime No.
163/2010, under Sections 323, 504 I.P.C. and 3(1)10 SC/ST Act, P.S.-
Babupurva, District-Kanpur Nagar, is rejected.
However, the arrest of petitioner Ravi Shanker shall not be made till the
submission of the charge sheet.
With the aforesaid observations/directions, the writ petition is disposed of.
Order Date :- 24.6.2010
Pkb/